recording telephone conversation

[lindsay22]

my mum who is elderly bought something from a tv shopping channel, the adviser wasing selling other products and asked my mum if she would like a free trial for 28 days, and if she did not like it could cancel, so my mum agreed. she was sent an entertainment which included 2 cinema tickets so my mum used them. she was then billed £28.50. my mum rang up and complained and she was told as she has used the tickets she was not in a contract to purchase the item, she tried to explain that she was told to use the pack to see if she liked it, the adviser was very rude and left my mum in tears.

so my mum wrote them a letter, they have responded with a letter saying as a gesture of goodwill they will refund, but they have the conversation on tape and it has been passed to another office? at no time was my mum told the conversation was being recorded she is also worried as the conversation would have contained her bank details and personnal details.

i have told her to write again and ask for a copy of the tape? what should she do now???

[Weird Al Yankovic]

Not entirely sure but if they wanted to use it at court then they would have had to tell your mum it was being recorded.

 

Someone will no doubt know for sure-like buzby.

[ForestChav]

Most call centre menus have a message in the menu system and the messages it gives you when you first call saying that "calls may be recorded"... Yes, the bit you normally don't listen to.

 

Also, it is perfectly legal to record without the consent of the other party provided you aren't passing the information on to a third party.

[jonni2bad]

...

 

Also, it is perfectly legal to record without the consent of the other party provided you aren't passing the information on to a third party.

 

and that you do not know of any reason why the call could be intercepted.

[rory32]

From OFTEL

Can a business or other organisation record or monitor my phone calls or e-mail correspondence with them?

Yes they can, but only in a limited set of circumstances relevant for that business which have been defined by the LBP Regulations. The main ones are:

• to provide evidence of a business transaction
  
• to ensure that a business complies with regulatory procedures
  
• to see that quality standards or targets are being met in the interests of national security
  
• to prevent or detect crime to investigate the unauthorised use of a telecom system
  
• to secure the effective operation of the telecom system.

In addition, businesses can monitor, but not record, phone calls or e-mails that have been received to see whether they are relevant to the business (ie open an employee's voicemail or mailbox systems while they are away to see if there are any business communications stored there). For further information see the DTI website where the LBP Regulations are posted.

However any interception of employees' communications must be proportionate and in accordance with Data Protection principles. The Information Commissioner has published a Data Protection Code on "Monitoring at Work" available on its website here. The Code is designed to help employers comply with the legal requirements of Data Protection Act 1988. Any enforcement action would be based on a failure to meet the requirements of the act - however relevant parts of the Code are likely to be cited in connection with any enforcement action relating to the processing of personal information in the employment context. Accordingly this Code of Practice and the Data Protection Act must also be considered by any business before it intercepts employees' communications.

Do businesses have to tell me if they are going to record or monitor my phone calls or e-mails?

No. as long as the recording or monitoring is done for one of the above purposes the only obligation on businesses is to inform their own employees. If businesses want to record for any other purpose, such as market research, they will have to obtain your consent.

What do I do if my calls have been recorded unlawfully?

Under RIPA it is a tort to record or monitor a communication unlawfully. This means that if you think you have suffered from unlawful interception of your phone calls or e-mails you have the right to seek redress by taking civil action against the offender in the courts.

[jonni2bad]

Not entirely sure but if they wanted to use it at court then they would have had to tell your mum it was being recorded...

 

... they have responded with a letter saying as a gesture of goodwill they will refund, ...

 

So there's no court action required from the company

 

...i have told her to write again and ask for a copy of the tape? what should she do now???

 

Wait for the response, although I suspect that they only passed on the tape to their complaints department, since that is what they were dealing with - a complaint.

 

Would there really be any benefit to your mother knowing what was said at this stage, since they have agreed to settle in her favour?

 

Is it just because she was concerned about what details they had?